SGS, the world’s leading testing, inspection and certification company, has published SafeGuardS 076.24 to provide stakeholders with an overview of US federal plans to ban per- and polyfluoroalkyl substances (PFAS).

H.R.8074 was introduced by the US House of Representatives in April 2024. Entitled, ‘the Forever Chemical Regulation and Accountability Act of 2024’ (the FCRAA), it provides a framework for the phasing out of all non-essential uses of PFAS over a period of ten years.

A perfluoroalkyl substance is defined as a chemical of which all carbon atoms are fully fluorinated and a polyfluoroalkyl substance is defined as a chemical containing at least one fully fluorinated carbon atom and at least one carbon atom that is not a fully fluorinated carbon atom.

Important provisions in the FCRAA include:
• Authorization for the US Environmental Protection Agency (EPA) to implement a ten-year plan to phase out all non-essential uses of PFAS, in consultation with other agencies
• National Academies will review and summarize scientific evidence and evaluate assessments in relation to the uses of PFAS that should be considered as essential
• Toxic Substances Control Act (TSCA) Section 8 (a)(7) amended to require manufacturers and users of PFAS to report any essential PFAS usages annually starting no later than three years after enactment
• Ten-year general rule for manufacturers (includes importers and exporters of products that are known to contain PFAS) and users set to complete the phase out of non-essential uses of PFAS
• Manufacturers must submit a plan and schedule for the ten-year phase out general rule
• Permits a person to submit a petition to the US EPA on designating a use of PFAS as a non-essential use or an essential use. The burden of proof rests with the petitioner

In addition to the ten-year general rule there is also a provision for certain product categories to have an accelerated phase out. These are:
• Carpets and rugs
• Fabric treatments
• Food packaging and containers
• Juvenile products
• Oil and gas products
• Accessories and handbags
• Cosmetics
• Indoor and outdoor apparel
• Indoor textile furnishings
• Indoor upholstered furniture
• Outdoor textile furnishings
• Outdoor upholstered furniture
• Outdoor apparel for severe wet conditions

SGS experts publish SafeGuardS to keep stakeholders informed about regulatory and market changes that could impact their ability to operate. SafeGuardS 076.24 covers this US federal plan and includes more details of the provisions in the FRCAA and a table laying out the scope of the accelerated phase out periods and the proposed effective dates from enactment.

Stakeholders are advised to review SGS’s original SafeGuardS 076.24 for more details.

SGS Chemical Testing
SGS offers a comprehensive range of testing services to help manufacturers and suppliers ensure their products are safe and comply with national and international regulations concerning harmful chemicals. In the end, it’s only trusted because it’s tested. Learn more about SGS Chemical Testing Services. [www.sgs.com/en/services/chemicals-testing]

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full US Congress Intends to Ban All Non-Essential Uses of PFAS SafeGuardS. [www.sgs.com/en/news/2024/05/safeguards-7624-us-congress-intends-to-ban-all-non-essential-uses-of-pfas]

Subscribe here, www.sgs.com/subscribesg, to receive SGS SafeGuardS direct to your inbox.

For further information contact:

Dr. HingWo Tsang
Global Information and Innovation Manager
Tel: (+852) 2774 7420

Melanie Tamayo
Senior Technical Manager, SGS NA.
Tel: + 1 312 414 9394

Email: [email protected]
Website: www.sgs.com/hardlines
LinkedIn: SGS Connectivity & Products

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